Isn't that software closed in all but name. I mean since they determine themselves whether anything violates the code of conduct they can basically ban usage of the software retroactively. If I use it to make a gazillion dollars through selling stuffed animals they would claim it violates code of conduct and I could get back into compliance by paying the committee the gazillion dollars and I'd have no recourse even though to an outside observer selling stuffed animals doesn't do any of the things banned by the code of conduct.